[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55517-55520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8016]


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NUCLEAR REGULATORY COMMISSION


Draft Regulatory Guides: Impending Issuance, Availability, and 
Applicability to New Reactor Licensing

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Issuance, Availability, and Applicability of Draft Regulatory 
Guides for New Reactor Licensing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is currently 
reviewing and revising numerous guides in the agency's Regulatory Guide 
(RG) Series. This series has been developed to describe and make 
available to the public methods that are acceptable to the NRC staff 
for implementing specific parts of the NRC's regulations, techniques 
that the staff uses in evaluating specific problems or postulated 
accidents, and data that the staff needs in its review of applications 
for permits and licenses.
    The proposed revisions do not constitute a backfit to any 
previously issued staff position for existing nuclear power reactors. 
The purpose of the ongoing revision of the NRC's RGs is to ensure that 
prospective applicants have complete, accurate, and current guidance 
for use in preparing early site permit (ESP), design certification 
(DC), and combined license (COL) applications for proposed new 
reactors. In particular, the NRC staff is focused on ensuring that the 
agency's regulatory guidance is consistent with the rulemaking to 
update Title 10, part 52, of the Code of Federal Regulations (10 CFR 
part 52), ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants.'' The proposed rule was

[[Page 55518]]

published in the Federal Register on March 13, 2006 (71 FR 12781).\1\
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    \1\ This proposed rule superseded the Commission's previous 
proposed rule, which was published in the Federal Register on July 
3, 2003 (68 FR 40026).
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    The NRC plans to issue for public comment drafts of the proposed 
revised RGs guides as they are developed over the next several months. 
The NRC staff will then address any stakeholder comments received 
during the 45-day comment period, and any changes from the proposed 
Part 52 rule that are adopted in the final rule, before issuing the 
final guides for use by applicants by March 2007.
    In addition, the NRC intends to apply its established regulatory 
guidance (as set forth in established, new, and revised RGs) using a 
consistent approach. In so doing, the staff will ensure that all new 
reactor applications received in a given time are subjected to the same 
appropriate level of scrutiny, based on the same regulatory guidance, 
to implement regulatory requirements that protect the health and safety 
of the public and the environment.
    Discussion: The NRC regulates the siting, construction, and 
operation of commercially owned nuclear power facilities in the United 
States through a combination of regulatory requirements, licensing, and 
oversight (including inspection). These activities enable the agency to 
fulfill its mission to license and regulate the Nation's civilian use 
of byproduct, source, and special nuclear materials to ensure adequate 
protection of public health and safety, promote the common defense and 
security, and protect the environment.
    In late 2000, the NRC became aware that some electric companies 
were exploring the option of building new nuclear power plants in the 
United States. As a result, in February 2001, the Commission issued a 
staff requirements memorandum (SRM COMJSM-00-0003) directing the staff 
to (1) assess its technical, licensing, and inspection capabilities, as 
well as its readiness to review new license applications and inspect 
new nuclear power plants; (2) examine the regulatory infrastructure for 
10 CFR parts 50 and 52, as well as other applicable regulations; and 
(3) identify any enhancements needed to ensure that the agency is 
prepared to review ESP, DC, and COL applications for new nuclear power 
plants.
    In response to the Commission's SRM, the staff issued SECY-01-0188, 
``Future Licensing and Inspection Readiness Assessment'' (FLIRA), in 
October 2001. In addition, although the FLIRA stated that the staff 
considers the agency's current regulatory infrastructure adequate to 
support new reactor licensing, the staff has undertaken minor 
infrastructure changes to make new licensing reviews more effective and 
efficient, and to reduce unnecessary regulatory burden on future 
applicants. The staff's ongoing review and revision of the NRC's RGs is 
one significant aspect of these infrastructure changes.
    Through the years, the NRC has established 10 broad divisions of 
RGs, of which the following are the subject of the staff's ongoing 
review and revision:
    <bullet> Division 1, Power Reactors
    <bullet> Division 4, Environmental and Siting
    <bullet> Division 8, Occupational Health
    Of the select group of RGs that the NRC has identified as needing 
review, to date, the staff is currently reviewing and revising the 
following RGs and draft RGs (DG) to (1) ensure consistency with the 
rulemaking to update 10 CFR part 52; (2) ensure coherence with NUREG-
0800, ``Standard Review Plan for the Review of Safety Analysis Reports 
for Nuclear Power Plants,'' (SRP) which is also undergoing staff review 
and revision; and (3) provide prospective applicants with complete, 
accurate, and current guidance for use in preparing ESP, DC, and COL 
applications for proposed new reactors:

----------------------------------------------------------------------------------------------------------------
                   RG                                  DG                                Title
----------------------------------------------------------------------------------------------------------------
1.7.....................................  DG-1117....................  Control of Combustible Gas Concentrations
                                                                        in Containment Following a Loss-of-
                                                                        Coolant Accident.
1.9.....................................  DG-1172....................  Selection, Design, Qualification and
                                                                        Testing of Emergency Diesel Generator
                                                                        Units.
1.13....................................  DG-1162....................  Spent Fuel Storage Facility Design Basis.
1.20....................................  DG-1163....................  Comprehensive Vibration Assessment
                                                                        Program for Reactor Internals During
                                                                        Preoperational and Initial Startup
                                                                        Testing.
1.23....................................  DG-1164....................  Onsite Meteorological Programs.
1.26....................................  DG-1152....................  Quality Group Classifications and
                                                                        Standards for Water-, Steam-, and
                                                                        Radioactive-Waste-Containing Components
                                                                        of Nuclear Power Plants.
1.29....................................  DG-1156....................  Seismic Design Classification.
1.37....................................  DG-1165....................  Quality Assurance Requirements for
                                                                        Cleaning of Fluid Systems and Associated
                                                                        Components of Water-Cooled Nuclear Power
                                                                        Plants.
1.57....................................  DG-1158....................  Design Limits and Loading Combinations
                                                                        for Metal Primary Reactor Containment
                                                                        System Components.
1.61....................................  DG-1157....................  Damping Values for Seismic Design of
                                                                        Nuclear Power Plants.
1.68....................................  DG-1166....................  Initial Test Programs for Water-Cooled
                                                                        Nuclear Power Plants.
1.71....................................  DG-1167....................  Welder Qualification for Areas of Limited
                                                                        Accessibility.
1.76....................................  DG-1143....................  Design Basis Tornado for Nuclear Power
                                                                        Plants.
1.92....................................  DG-1127....................  Combining Modal Responses and Spatial
                                                                        Components in Seismic Response Analysis.
1.93....................................  DG-1153....................  Availability of Electric Power Sources.
1.97....................................  DG-1128....................  Instrumentation for Light-Water-Cooled
                                                                        Nuclear Power Plants To Assess Plant and
                                                                        Environs Conditions During and Following
                                                                        an Accident.
1.112...................................  DG-1160....................  Calculation of Releases of Radioactive
                                                                        Materials in Gaseous and Liquid
                                                                        Effluents from Light-Water-Cooled Power
                                                                        Reactors.
1.124...................................  DG-1168....................  Service Limits and Loading Combinations
                                                                        for Class 1 Linear-Type Component
                                                                        Supports.
1.128...................................  DG-1154....................  Installation Design and Installation of
                                                                        Large Lead Storage Batteries for Nuclear
                                                                        Power Plants.
1.129...................................  DG-1155....................  Maintenance, Testing, and Replacement of
                                                                        Large Lead Storage Batteries for Nuclear
                                                                        Power Plants.
1.130...................................  DG-1169....................  Service Limits and Loading Combinations
                                                                        for Class 1 Plate-and-Shell-Type
                                                                        Component Supports.

[[Page 55519]]

 
1.136...................................  DG-1159....................  Materials, Construction, and Testing of
                                                                        Concrete Containments (Articles CC-1000,
                                                                        -2000, and -4000 through -6000 of the
                                                                        ``Code for Concrete Reactor Vessels and
                                                                        Containments'').
1.189...................................  DG-1170....................  Fire Protection for Operating Nuclear
                                                                        Power Plants.
1.196...................................  DG-1171....................  Control Room Habitability at Light-Water
                                                                        Nuclear Power Reactors.
1.200...................................  DG-1161....................  An Approach for Determining the Technical
                                                                        Adequacy of Probabilistic Risk
                                                                        Assessment Results for Risk-Informed
                                                                        Activities.
1.205...................................  DG-1139....................  Risk-Informed, Performance-Based Fire
                                                                        Protection for Existing Light-Water
                                                                        Nuclear Power Plants.
4.15....................................  DG-4010....................  Quality Assurance for Radiological
                                                                        Monitoring Programs (Normal Operations)--
                                                                        Effluent Streams and the Environment.
----------------------------------------------------------------------------------------------------------------

    The staff is also currently developing the following new DGs to 
provide prospective applicants with complete, accurate, and current 
guidance for use in preparing ESP, DC, and COL applications for 
proposed new reactors:

------------------------------------------------------------------------
              DG                                 Title
------------------------------------------------------------------------
DG-1142......................  Guidelines for Environmental
                                Qualification of Safety Related Computer-
                                Based Instrumentation and Control
                                Systems in Nuclear Power Plants .
DG-1144......................  Guidelines for Evaluating Fatigue
                                Analyses Incorporating the Life
                                Reduction of Metal Components Due to the
                                Effects of the Light Reactor Water
                                Environment for New Reactors.
DG-1145......................  Combined License Applications for Nuclear
                                Power Plants (LWR Edition).
DG-1146......................  Seismic Sources and Safe Shutdown
                                Earthquake Ground Control Motion.
------------------------------------------------------------------------

    The NRC has recently finalized and published Revision 2 of RG 1.92 
(July 2006), Revision 4 of RG 1.97 (July 2006), and RG 1.205 (June 
2006). In addition, the NRC has already issued drafts of RG 1.7 (DG-
1117, August 2002), RG 1.76 (DG-1143, February 2006), RG 1.200 (DG-
1161, September 2006), DG-1144 (July 2006), and DG-1145 (September 
2006) for public review and comment. The NRC plans to issue drafts of 
the remaining proposed revised regulatory guides as they are developed 
between September 2006 and December 2006. The NRC staff will then 
address any stakeholder comments received during the 45-day comment 
period, and any changes from the proposed Part 52 rule that are adopted 
in the final rule, before issuing the final guides for use by 
applicants by March 2007.
    In addition, the NRC intends to apply its established regulatory 
guidance (as set forth in established, new, and revised regulatory 
guides) using a consistent approach. The staff will ensure that all new 
reactor applications received in a given time are subjected to the same 
appropriate level of scrutiny, based on the same regulatory guidance to 
implement regulatory requirements that protect the public health and 
safety and the environment. The staff has determined that existing and 
revised regulatory guides listed previously will be finalized by March 
2007, and uniformly applied (consistent with the staff guidance 
provided in the SRP) to the ESP, DC, and COL applications that are 
submitted.
    Availability and Dates: The NRC will solicit comments on each new 
or revised RG for a period of 45 days after each guide is made publicly 
available through the following electronic distribution channels:
    <bullet> The NRC's Electronic Reading Room on the agency's public 
Web site, under Draft Regulatory Guides in the Regulatory Guides 
document collection, at http://www.nrc.gov/reading-rm/doc-collections/.
    <bullet> The NRC's Agencywide Document Access and Management System 
(ADAMS), at http://www.nrc.gov/NRC/reading-rm/adams.html (using the 
ADAMS accession number specified in the footer on the first page of 
each regulatory guide)
    <bullet> The NRC's rulemaking Web site at http://ruleforum.llnl.gov
    The footer on the first page of each draft regulatory guide will 
specify the applicable comment date. Comments received after the 
specified date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only of comments received on 
or before the specified date. Please note that the NRC does not intend 
to distribute printed copies of these Draft Regulatory Guides unless 
specifically requested on an individual basis. Such requests for single 
copies should be made in writing to the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Reproduction and 
Distribution Services Section; by e-mail to <a href="/cdn-cgi/l/email-protection#d0949983848299928584999f9e90bea2b3feb7bfa6"><span class="__cf_email__" data-cfemail="befaf7edeaecf7fcebeaf7f1f0fed0ccdd90d9d1c8">[email protected]</span></a>; or by 
fax to (301) 415-2289. Telephone requests cannot be accommodated. In 
addition, the NRC does not intend to issue separate notices of issuance 
and availability. Consequently, interested parties should regularly 
peruse the electronic distribution channels listed previously to 
identify newly released guides that are available for public comment.
    Copies of each DG and other related publicly available documents, 
including public comments received, can be viewed electronically on 
computers in the NRC's Public Document Room (PDR), which is located at 
One White Flint North, 11555 Rockville Pike, Rockville, Maryland, Room 
O-1 F21, and is open to the public on Federal workdays from 7:45 a.m. 
until 4:15 p.m. The PDR reproduction contractor will make copies of 
documents for a fee. Selected documents, including public comments on 
the DGs, can also be viewed and downloaded electronically via ADAMS and 
the NRC's rulemaking Web site at http://www.nrc.gov/NRC/reading-rm/adams.html and http://ruleform.llnl.gov, respectively. If you do not 
have access to ADAMS or if you encounter problems in accessing the 
documents stored in ADAMS, contact the PDR Reference Staff at (800) 
397-4209 or (301) 415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#edbda9bfad839f8ec38a829b"><span class="__cf_email__" data-cfemail="9acadec8daf4e8f9b4fdf5ec">[email protected]</span></a>.
    Comment Procedures: The NRC staff will solicit comments on each 
proposed DG. Comments may be accompanied by relevant information or 
supporting data. Please mention the DG number (DG-xxxx) in the subject 
line of your comments. Comments submitted in writing or in electronic 
form will be made available to the public in their entirety through 
ADAMS. Personal information will not be removed from

[[Page 55520]]

your comments. You may submit comments by any of the following methods:
    <bullet> Mail comments to Rules and Directives Branch, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001 (MS T-6 D59).
    <bullet> Hand-deliver comments to Rules and Directives Branch, 
Office of Administration, U.S. Nuclear Regulatory Commission, 11555 
Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 
p.m. on Federal workdays.
    <bullet> Fax comments to Rules and Directives Branch, Office of 
Administration, U.S. Nuclear Regulatory Commission, at (301) 415-5144.
    <bullet> E-mail comments to <a href="/cdn-cgi/l/email-protection#400e1203120510002e32236e272f36"><span class="__cf_email__" data-cfemail="3a746879687f6a7a544859145d554c">[email protected]</span></a>.
    <bullet> Submit comments via the NRC's rulemaking Web site at 
http://ruleforum.llnl.gov.
    Contact Information: The header on the first page of each DG will 
specify the name and telephone number of the cognizant NRC staff 
member. Comments and questions about our rulemaking Web site should be 
addressed to Carol A. Gallagher at (301) 415-5905 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#41020006012f33226f262e37"><span class="__cf_email__" data-cfemail="edaeacaaad839f8ec38a829b">[email protected]</span></a>. Contact information for use in obtaining printed or 
electronic copies of the proposed DGs is provided in the section on 
Availability and Dates. Contact information for use in submitting 
comments is provided in the section on Comment Procedures. Comments or 
questions about the NRC's revision of regulatory guides to support new 
reactor licensing should be addressed to Jimi T. Yerokun at (301) 415-
0585 or by e-mail to <a href="/cdn-cgi/l/email-protection#571d030e1739253479303821"><span class="__cf_email__" data-cfemail="fab0aea3ba948899d49d958c">[email protected]</span></a>.

    For the U.S. Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 14th day of September, 2006.

Farouk Eltawila,
Director, Division of Risk Assessment and Special Projects,Office of 
Nuclear Regulatory Research.
[FR Doc. 06-8016 Filed 9-21-06; 8:45 am]
BILLING CODE 7590-01-P


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